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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
of probable cause. Id. The defendant can request a preliminary hearing, at which evidence is presented by both the prosecution and defense. In Anchorage, a pre-indictment hearing is typical for most felony cases. At this hearing, any agreements that have been reached by the prosecutor and defense in the early stages of the case are acted on if necessary. If the charges are not dismissed at the arraignment or at the preliminary hearing, the state must make a decision whether to take the case to the grand jury. In Alaska, an offense which may be punished by imprisonment for more than one year (felony) must be prosecuted by indictment. AK R. Crim. P. 7(a). Indictments are issued by the grand jury.